Sol-09-R-0415-pdf.pdf

SOURCE SELECTION INFORMATION- SEE FAR 2.101 AND 3.104

BUSINESS

OWNED SMALL BUSINESS

OFFEROR

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

SP0600-09-0600

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-09-R-0415

6. SOLICITATION ISSUE

DATE Sept 24, 2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Joan M. Brickhill/Sam Bartenhagen/ Crystal McKensie/L. Roger Lawrence

b. TELEPHONE NUMBER (No collect calls) (703) 767-8524/ 8422/8522/8525

8. OFFER DUE DATE/

LOCAL TIME

Nov 2, 09/3:00PM EST

9. ISSUED BY CODE SP0600 10. THIS ACQUISITON IS

UNRESTRICTED 53% OR SET ASIDE: XX 47% FOR:

SMALL BUSINESS EMERGING SMALL

HUBZONE SMALL

NAICS: 423520 BUSINESS

SIZE STANDARD: 500 SERVICE-DISABLED VETERAN- 8(A)

ATTN: DESC-ACP P.P 5.2 – 5.6

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J. KINGMAN RD, STE 4950

FT. BELVOIR, VA 22060-6222

BUYERS/SYMBOL: JOAN M. BRICKHILL/ SAM BARTENHAGEN/

CRYSTAL MCKENSIE/L. ROGER LAWRENCE

PHONE: 703-767-8524/8422/8522/8525

FAX: 703 767-8757 FAX NUMBER FOR OFFERS : 703-767-8573

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13b. RATING

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

X SEE SCHEDULE RFQ IFB X RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE SP0600

SEE SCHEDULE See Block 9

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

CODE

TELEPHONE NO. FAX NO.

E-MAIL ADDRESS DUNS NO.

APPROPRIATE PAYMENT OFFICES WILL BE LISTED ON EACH

INDIVIDUAL DELIVERY ORDER ISSUED WHEN CONTRACTS ARE

AWARDED

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE DESC FORMS 6.37 – SECTION B - SCHEDULE OF

SUPPLIES/OFFER SHEETS - PAGES 6 THROUGH 25

SEE ADDENDUM TO THIS SF1449 FOR ADDRESS TO MAIL

OFFERS

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

X ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

DATED . YOUR OFFER ON SOLICITATION

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

X

STANDARD FORM 1449 ADDENDUM SP0600-09-R-0415

PROPOSALS ARE DUE: NOVEMBER 2, 2009 AT 3:00 PM EASTERN STANDARD TIME.

Definite quantity and requirements type contracts will be awarded. Line Items 0002 & 0005 are definite quantity line items (see Clause I83, DEFINITE QUANTITY) Line Items 0001, 0003, 0004, & 0007: minimum orders will be 85% of the total requirement; however, offeror must be for the total requirement. Line Items 0006, 0008, & 0009 have no minimum % ordered. (See Clause I84, REQUIREMENTS). Line Items 0001, 0002, 0003, & 0008 are set aside 100% for small business; Line Items 0004, 0005, 0006, 0007, & 0009 are solicited unrestricted.

Solicitation SP0600-09-R-0415 and corresponding Offeror Submission Package (OSP) are available, for download, on DESC-ACP, Coal Branch’s Internet website at the following address:

http://www.desc.dla.mil/DCM/DCMPage.asp?pageid=165

Before submitting an offer, offeror shall have the coal they are offering tested by the U.S. Army TARDEC Petroleum Laboratory, Bldg. 85-3, U Avenue, New Cumberland, PA 17070. Point of contact is the Product Assurance Division, US Army TARDEC Petroleum Laboratory, New Cumberland, PA, PH: 717-770-6511, FAX: 717-770-4743. See Clause M14, EVALUATION OF OFFERS (COAL), paragraph (g). Mine samples must be paid for and received by the U.S.

Army TARDEC Petroleum Laboratory by the date/time set for solicitation closing/offer due date (see Page 1, SF1449, block 8). If final revised proposals (FRPs) are requested, the sample must be paid for and received by the Army TARDEC Petroleum Laboratory by the date/time set for receipt of FRPs.

In accordance with Clause E1.04, QUALITY PROVISIONS, mercury and chlorine testing is required for all deliveries under subsequent contracts and applies to all line items. Army TARDEC Petroleum Laboratory does not perform mercury and chlorine testing at this time; therefore, all offerors must submit a commercial test report, with the initial offer, indicating the mercury and chlorine content for all mines/seams proposed. In addition, for Line Item 0004, Wright-Patterson AFB, OH, a commercial test report is required to be submitted, with the initial offer, indicating the Base/Acid Ratio and Fouling Factor for each mine/seam proposed. Line Item 0009, Malmstrom AFB, MT has a maximum sodium oxide requirement of 3.5%; a commercial test report indicating the proposed mine’s sodium oxide content must be submitted with the initial offer. Failure to submit commercial test reports, with the initial offer, may render your offer non-responsive.

In accordance with Clause L2.11-2, FACSIMILE PROPOSALS, facsimile (fax) offers are authorized and may be faxed to 703-767-8573, ATTN: Offer Custodian. Please reference the solicitation number and the date/time of closing on the fax cover sheet. If faxing your offer, please limit the fax transmission to the contents of your Offeror Submission Package (OSP) to include your signed and dated SF1449, Section B, Schedules (listing offered prices, mine, guarantees), DESC 4.23, AUTHORIZATION AND MINE DESCRIPTION (Attachment 1), Contractor Performance Data Sheet (Attachment 2), and DESC 19.3, SMALL BUSINESS SUBCONTRACTING PLAN, Attachment 3 (subcontracting plans are required by large businesses only; however all companies must provide a statement, with its offer, describing its socioeconomic commitment to provide subcontracting opportunities to small disadvantaged businesses (see clause L7, SOCIOECONOMIC PROPOSAL). Offerors must mail a complete copy of the original signed offer, and one duplicate, within 10 days from the date specified for receipt of offers, to the following address:

ATTN: DESC-ACP, OFFER CUSTODIAN, ROOM 3830

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J KINGMAN RD, SUITE 4950

FT BELVOIR VA 22060-6222

PLEASE REFERENCE SOLICITATION NUMBER AND DATE/TIME OF CLOSING

ON ENVELOPE

In accordance with Clause L2.01-1, PROPOSAL PREPARATION INSTRUCTIONS AND PAST PERFORMANCE SUBMISSION, paragraph (b), a Contractor Performance Data Sheet (CPDS) (Attachment 2), must be submitted with the initial offer. Additionally, per paragraph (c) of Clause L2.01-1, all offerors must submit a separate description of its efforts to ensure that small business, veteran-owned small business, HUBZone small business, small disadvantaged business and women-owned small business concerns will have an equal opportunity to compete for subcontracts under any resultant contract. The description should include any partnering arrangements with such companies and include specific names to the extent they are known.

Offerors must SIGN AND DATE THE SF1449 (SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS) and include the company’s Data Universal Numbering System Number (DUNS), Telephone/Facsimile numbers and E-mail address. In the event that Amendments are issued to the Solicitation, this will ensure that all offerors can be notified.

This is a negotiated acquisition. However, in accordance with clause L2.05-6, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (COAL) (DESC MAY 2009), paragraph (g)(4), the Government reserves the right not to conduct discussions as determined by the Contracting Officer, and awards may be made on initial offers. Therefore, offerors are urged to submit their best initial offers from a price and technical standpoint.

NOTE: ALL OFFERS must be F.O.B. destination only (inclusive of transportation to destination). However, the price for coal and transportation, and freeze conditioning/dust suppressant (if FC/DS is applicable to the line item) must be annotated separately on the forms DESC 6.37, Section B, Schedule/Offer Sheets. For items requiring delivery by truck, a trucking commitment, from the proposed trucking company, is required to be submitted with the initial offer, to certify that firm trucking commitments have been secured.

Full text of Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses incorporated by reference, are available at the following Internet website address: http:farsite.hill.af.mil (also see Clause I1.20, CLAUSES INCORPORATED BY REFERENCE).

HUBZone Evaluation Preference:

This solicitation includes FAR coverage concerning HUBZones, see clause I1.04, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS, paragraph (b)(6). The purpose of the HUBZone program is to award Government contracts to companies located in economically deprived areas. HUBZone evaluation preference is determined by the location of the company and its producer. However, to receive the HUBZone evaluation preference, the offeror must be approved by the Small Business Administration (SBA) and appear on the SBA HUBZone list at the time of offer submission. The product offered must be obtained from a producer that is also located in a HUBZone. Inclusion on the SBA HUBZone approved list is solely the offeror’s responsibility. Further information may be obtained at the SBA website at http://www.sba.gov/hubzone/

Small Disadvantaged Business (SDB) preference:

In accordance with the Small Business Reauthorization and Manufacturing Assistance Act of 2004 (Public Law 108- 477, Division K) and DESC Contracting Instruction CI 09-05, the 10% small disadvantaged business (SDB) evaluation factor has been suspended for DoD procurements and is not applicable; therefore, clause I240.01, NOTICE OF

PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS (ALTERNATE

1) will not be included in this solicitation.

Applicable to Large Business Only – DoD Implementation of the Electronic Subcontracting Reporting System (eSRS) and Reporting Functions:

The eSRS is an internet based tool to collect subcontracting accomplishments that will streamline the process of reporting on subcontracting plans. The eSRS eliminates the need for paper submissions and processing of the SF294s, Individual Subcontracting Reports, and SF 295s, Summary Subcontracting Reports, and replaces it with an easy to use electronic process to collect the data. Effective October 1, 2008, contractors and their business associates (subcontractors) will report data through their web browser of choice, visiting the site at (www.esrs.gov) and logging on to report accomplishments using an easy data entry process. The eSRS system provides a live interface with Center Contractor Registration (CCR) that automatically populates basic vendor information based on the Data Universal Numbering System (DUNS). The eSRS system also interfaces with the Federal Procurement Data System – Next Generation (FPDS-NG) and permits contractors to enter their contract number into eSRS and data retrieved from FPDS-NG will immediately populate the contract information available for reporting in eSRS.

Large businesses are still required to submit the DESC 19.3, SMALL BUSINESS SUBCONTRACTING PLAN, with their offers. See Attachment 3

Clause F73.02, DUST SUPPRESSION/FREEZE CONDITIONING OF COAL, applies to Line Item 0001, NAVFAC Washington, Indian Head Detachment, Indian Head, MD; Line Item 0005, Joint Systems Manufacturing Center (JSMC), Lima, OH, Line Item 0008, U.S. Capitol Power Plant, Washington, DC and Line Item 0009, Malmstrom

AFB, MT.

The following security restrictions and/or requirements for truck deliveries, apply to Line Item 0001, NAVFAC Washington, Indian Head Detachment, Indian Head, MD only.

a. Security Requirements: All coal delivery drivers must be U.S. citizens, must have their driver’s license in their possession and have a weigh bill with their company name, truck # and their name with Indian Head as the delivery point.

THE FOLLOWING APPLIES TO LINE ITEM 0006, ROCK ISLAND ARSENAL (RIA), IL ONLY:

RIA will conduct size consist testing of each barge. A five truck shipment will be supplied from each barge and tested by RIA personnel using the nine point method described in Clause C13”SIZE CONSIST AND PREPARATION,” paragraph (d),(2) and (3). If the results of these findings are in excess of 10% through a ½” screen, the price reduction formula listed below shall apply to the full barge load. Any barge exceeding 16% fines at unloading may be rejected and would require the contractor to remove the barge load and supply an additional barge load as a replacement.

Formula is as follows: (EXAMPLE) Maximum ½” X 0 allowed 10% Standard barge 1,500 tons 1,500 tons X 10% = 150 tons of ½” X 0 maximum allowed for a 1,500 ton barge Sample results by RIA – 15.74% -1/2” X 0 of a 1,175 lb sample (For purposes of this example, the contract delivered price is $63.70 per ton)

EXAMPLE:

1,500 tons X 15.74% = 236.10 tons ½” X 0

236.10 tons of ½” X 0 at 15.74%

150.00 tons of ½” X 0 at 10.00% contract maximum

86.10 tons of ½” X 0 over contract maximum for a 1,500 ton barge

86.10 tons X contract delivered price = $ amount $ amount / barge tons = per ton discount

86.10 tons X $63.70 contract delivered price = $5,484.57 $5,484.57 / 1,500 ton barge = $3.66 per ton discount

In the event that amendments to the solicitation are issued, please acknowledge receipt of each amendment by signing and returning them with your offer, or by acknowledging them via E-mail to Joan M. Brickhill, joan.brickhill@dla.mil.

Any contract awarded to a contractor who at the time of award was suspended, debarred, or ineligible for receipt of contracts with Government Agencies, or in receipt of a notice of proposed debarment from any Government Agency, is subject to being void at the option of the Government.

The Kentucky Sales and Use Tax shall not be included in any offers under this solicitation. Each activity or ordering officer, where applicable, shall file for this exemption separately.

If coal is to be transported by multiple conveyances or processing of the coal will be accomplished at various locations, the initial offer must include the specifics of loading/transloading. Initial offers must also state where sampling will take place, list the lab/location proposed to do this sampling, and identify which ASTM method will be used, see Clause E1.04, QUALITY PROVISIONS. This can be noted on Attachment 1, DESC form 4.23, Authorization and Mine Description under “Remarks”, or identified separately as Remarks, and submitted with the initial Offeror Submission Package. DESC RESERVES THE RIGHT TO REJECT ANY INCOMPLETE OFFER AS NON-

RESPONSIVE.

If a blend of different seams and/or mines is offered, then the percentage of the blend to be offered must be stated on the DESC form 4.23, Authorization and Mine Description, see Attachment 1. Only one mine or blend of mines and/or seams per DESC form 4.23 will be accepted. The proposed method used to blend the coal should be included in the offer. DESC reserves the right to limit the maximum number of mine and/or seam blends to 2.

The Small Business Affairs Office can be reached at PH: (703) 767-9465, 1-800-523-2601.

The Command Control Center (CCC) Staff Duty Officer maintains a list of cognizant DESC employees and in the case of emergency will ensure that the appropriate personnel are notified and necessary actions are taken. The CCC Staff Duty Officer can be contacted at (703) 767-8420.

In accordance with Federal Acquisition Regulation (FAR) 4.1102 (a), prospective contractors shall be registered in Central Contractor Registration (CCR) database, prior to award of a contract or agreement. Contractors may register in the CCR via the Internet at http://www.ccr.gov, or by calling the Federal Service Desk at 1-866-606-8220 or 334-206-7828. Also see Clause, L2.05-6, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (COAL) (DESC MAY 2009) paragraph (k) of this solicitation. Failure to register in CCR will render the offeror ineligible for award.

In accordance with Clause, G9.09, PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL CONTRACTOR REGISTRATION all payments made by the Government under resultant contracts shall be made by electronic funds transfer. Contractors are responsible to ensure that the data contained in the CCR database is correct and current. Also, see Clause I55, ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (MAR 2008) paragraph (b) regarding submitting payment requests in Wide Area Workflow.

COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE Code in block 17a of the SF1449, in the space marked “FACILITY CODE”. If you have a current Government contract, and do not know your CAGE code, please access the Central Contractor Registration (CCR) Internet website at http://www.ccr.gov or call the Federal Service Desk at 1-866-606-8220. If you have not been assigned a CAGE code, insert the word “NONE” in block 17a.

SOLICITATION INDEX SP0600-09-R-0415

PAGE

SF 1449 – Addendum 1-5 DESC Forms 6.37, Schedules of Supplies & Offer Sheets 6-25

REGULATORY COMMERCIAL ITEM PROVISIONS AND CLAUSES

I1.03-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (COAL) 26-28

(DESC APR 2009)

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT 28-31

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (SEP 2009)

I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT 31-33

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS (JUL 2009)

I55 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (MAR 2008) 33

I238.02 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL 33-34

BUSINESS CONCERNS (JUL 2005)

I285 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED 34

BY THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

I287 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL 34

(SEP 2007)

K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL 34

ITEMS (JUN 2005)

K1.06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) 34-35

K15 RELEASE OF UNIT PRICES (DESC MAR 2009) 35

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT 35

OF A TERRORIST COUNTRY (JAN 2009)

K93 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA 35-36

(AUG 1992)

K94 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008) 36-37

L5.05 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE 37

RESOLUTION (JUN 2001) – DLAD

ADDENDUM #1

Other Regulatory And Local DESC Clauses

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

I1.01 DEFINITIONS (DESC JUN 2009) 37-38

K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL 38-39

ITEMS (CONT’D) (DESC FEB 2009)

I-1

K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL 39-47

ITEMS (ALTERNATES I/II) (JUN 2008/APR 2002/OCT 2000)

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 47

K38 AUTHORIZATION AND MINE DESCRIPTION FORM (DESC FEB 1985) 47-48

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 48

L2.01-1 PROPOSAL PREPARATION INSTRUCTIONS AND PAST PERFORMANCE 48

SUBMISSION (DOMESTIC) (DESC APR 2009)

L2.05-6 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (COAL) 48-50

(DESC MAY 2009)

L2.11-2 FACSIMILE PROPOSALS (OCT 1997) 50

L2.28 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 51

(FEB 1998)

L5 SERVICE OF PROTEST (SEP 2006) 51

L5.01-1 AGENCY PROTESTS (APR 2006) – DLAD 51

L7 SOCIOECONOMIC PROPOSAL (DEC 2001 ) 51

L74 TYPE OF CONTRACT (APR 1984) 51

EVALUATION FACTORS FOR AWARD

M7 SOCIOECONOMIC EVALUATION (DESC APR 2003) 52

M13 EVALUATION OF OFFERS INVOLVING MULTIPLE MINES 52

(DESC FEB 1970)

M14 EVALUATION OF OFFERS (COAL) (DESC DEC 1998) 52

M72.02-1 EVALUATION FACTORS FOR BEST OVERALL VALUE (COAL) 53-54

(DESC JAN 2001)

I-2

PAGE

LIST OF ATTACHMENTS 54

THE FOLLOWING ARE INCLUDED IN THIS SOLICITATION:

STANDARD FORM 1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS Pages 1-5 DESC 6.37-SR, 6.37-ST, 6.37-OR, 6.37-OT SECTION B SCHEDULE/OFFER SHEETS Pages 6-25 DESC 4.23, AUTHORIZATION AND MINE DESCRIPTION – Attachment 1 CONTRACTOR PERFORMANCE DATA SHEET – Attachment 2 DESC 19.3, Small Business Subcontracting Plan (applicable to large businesses only) Attachment 3 (*Only large businesses are required to complete the DESC 19.3, however all offerors are required to submit a brief socioeconomic statement describing its commitment to provide subcontracting opportunities, see Clause L7, page 51) OFFEROR SUBMISSION PACKAGE (OSP) Attachment 4

ADDENDUM #2

Other Regulatory and Local DESC Clauses

DESCRIPTION/SPECIFICATIONS

C13 SIZE, SIZE CONSIST, AND PREPARATION (DESC AUG 1997) 54-55

C20 SULFUR CONTENT GUARANTEE (DESC APR 2007) 55

INSPECTION AND ACCEPTANCE

E1.03 CONTRACTOR INSPECTION RESPONSIBILITIES (COAL) 55-56

(DESC JUN 1999)

E1.04 QUALITY PROVISIONS (COAL) (DESC NOV 2007) 56-58

E5 INSPECTION OF SUPPLIES – FIXED-PRICE (AUG 1996) 58-59

E6 CERTIFICATE OF CONFORMANCE (DESC JAN 2004) 59

E22 LIST OF INSPECTION OFFICES FOR DESC CONTRACTS (DESC JAN 2009) 59-62

E24 DESTINATION INSPECTION AND ACCEPTANCE (COAL) 62-63

(DESC JAN 1999)

E25 SAMPLING AND EVALUATION (COAL) (DESC APR 1997) 64-66

E26.01 SOURCE INSPECTION OF BULK DELIVERIES (COAL) (DESC JUN 1999) 66

E33.03 CONSIDERATION FOR EXCESS SULFUR AND ASH (COAL) 67

(DESC APR 2007)

E33.06 MINES (DESC APR 1997) 67

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) 67-68

E40 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) 68

I-3

DELIVERIES OR PERFORMANCE

F3.05 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND 69

DETENTION RATES (COAL) (DESC AUG 2005)

F17.04 CONDITIONS OF RAIL DELIVERIES (COAL) (DESC APR 2007) 69

F17.05 CONDITIONS OF TRUCK DELIVERIES (COAL) (DESC JUN 1999) 69-70

F17.06 CONDITIONS FOR DELIVERIES BY MULTIPLE CONVEYANCES 70

(COAL) (DESC JUN 1999)

F17.07 CONDITIONS FOR DELIVERY - FLEXI-TRANSPORTATION (RAIL/TRUCK) 70

(COAL) (DESC AUG 1996)

F18 F.O.B. DESTINATION (NOV 1991) 71

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DESC MAY 2009) 71

F62 SHIPMENT AND ROUTING (COAL) (NOV 2007) 71

F73.02 DUST SUPPRESSION/FREEZE CONDITIONING OF COAL 71-72

(DESC OCT 1994)

F104 VARIATION IN QUANTITY (COAL) (DESC NOV 1991) (DEVIATION) 72

F106.01 WEIGHTS AND UNIT OF PURCHASE (COAL) (DESC APR 2007) 72

F108 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 73

CONTRACT ADMINISTRATION

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998) 73

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED 73

(DESC DEC 1999)

G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL 74

CONTRACTOR REGISTRATION (OCT 2003)

G9.13 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999) 74

G30 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION 75

(APR 2009)

I-4

CONTRACT CLAUSES

I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) 76-77

(APR 2008/SEP 2007)

I1.20 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 77

I2.05 CHANGES – FIXED-PRICE (AUG 1987) 77

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE- 77

COMMERCIAL ITEMS (DESC FEB 1996)

I11.01-3 EXCESS REPROCUREMENT COST CALCULATION FOR CAUSE 78

TERMINATIONS (COAL) (DESC APR 1997)

I11.04 BANKRUPTCY (JUL 1995) 78

I27 GRATUITIES (APR 1984) 78

I28.01 FEDERAL, STATE, AND LOCAL TAXES (DESC AUG 2003) (DEVIATION) 78-79

I33 INTEREST (OCT 2008) 79

I83 DEFINITE QUANTITY (OCT 1995) 79

I84 REQUIREMENTS (OCT 1995) 80

I86 ORDER LIMITATIONS (OCT 1995) 80

I171.07 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (JAN 1999) 80-81

I209.09 EXTENSION PROVISIONS (DESC JUL 2009) 81

I209.13 OPTION TO INCREASE QUANTITY (COAL) (DESC JUN 1996) 81

I211 ORDERING (OCT 1995) 81

I236 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003) 81

I350 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 81

I-5

SECTION B LINE ITEM NO.: 0001

SCHEDULE OF SUPPLIES (This is alternate of Line Item: N/A)

100% SET-ASIDE FOR SMALL BUSINESS (TRUCK)

REQUISITION/DATE: SP0600-09-0600/Aug. 24, 09

INSTALLATION: NAVFAC Washington, Indian Head Detachment, Indian Head, MD

RAILHEAD AND SERVING RAILROAD, if applicable: ____N/A______

TRANSPORTATION EQUIPMENT FOR THIS ITEM: Truck at Destination, delivered and unloaded as directed

OFFERED PRICES SHALL BE PER NET TON: Delivered at Destination and unloaded as directed

COAL SIZE: 2 X ¼”, -Non Oil-based freeze conditioning is required December 2010 through February 2011 for an estimated 9,600 NTS.

MINIMUM SPECIFICATIONS QUALITY REQUIRED:

Moisture, as received:

% MAX: 6.0

BTUs, dry:

MIN: 13,500

Volatile Matter, dry:

% MAX: 40.0

MIN: 24.0

A.S.T. degrees F

MIN: 2600

Ash, dry:

% MAX: 10.0

F.S.I.

N/A

Sulfur, dry:

% MAX: 1.4

Hardgrove Grind:

MIN: 45.0

Screen Size Max % Retained On Max % Passing Through

2 R.H. Screen 5%

¼” R.H. Screen 20%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 25,000 (Minimum ordered will be 85%, or 21,250 NTS of the total requirement)

ADDITIONAL QUANTITY RESERVED (IF APPLICABLE) NET TONS: N/A

ESTIMATED MONTHLY QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS):

YEAR: 2010

JAN: FEB: MAR: APR: MAY: 1,600 JUN:

JUL: AUG: SEPT: 1,600 OCT: 3,200 NOV: 3,200 DEC: 3,200

YEAR: 2011

JAN: 3,200 FEB: 3,200 MAR: 3,200 APR: 2,600 MAY: JUN:

JUL: AUG: SEPT: OCT: NOV: DEC:

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 25,000

Except as provided if Clause I209.13, OPTION TO INCREASE QUANTITY is invoked.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2011 (Except as provided if Clause I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 4,200 per month.

NOTE: See Clause I86 ORDER LIMITATIONS (OCT 1995)

I211 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 1, 2010 through April 30, 2011.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule. (FAR 52.216-18) DESC Form 6.37-ST (Schedule-Truck), OCT 2007

100% SET-ASIDE FOR SMALL BUSINESS

SECTION B –OFFER SHEET SP0600-09-R-0415

FOB TRUCK AT DESTINATION LINE ITEM NO. 0001 – NAVFAC – INDIAN HEAD, MD

(This is alternate of Line Item: N/A)

USE A SEPARATE SECTION B – SCHEDULE – OFFER SHEET FOR EACH MINE OFFERED.

OFFEROR'S NAME: OFFERS: (total net tons offered)

AT $____________ PER NET TON FOB TRUCK DELIVERED TO DESTINATION.

Offeror agrees to Clause I209.09, EXTENSION PROVISION: YES: _____ NO: _____

COAL PRICE ONLY, per NT: $_______________ TRANSPORTATION PRICE ONLY, per NT: $____________

FREEZE CONDITIONING (FC) /DUST SUPPRESSION (DS) PRICE per NT, if required by line item: $__________

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

COAL SIZE: _______________

Moisture, as received: % MAX: _______ BTUs, dry: MIN: __________

% MAX: _______

MIN: _______

__________ R.H. Screen __________

R.H. Screen

NAME OF MINE

STATE PERMIT NO.

TYPE

SEAM

TIPPLE/LOCATION

LABORATORY/LOCATION

SHIPPING POINT

If multiple shipping conveyances will be used please provide details, as a narrative, in your offer.

THE SPACE BELOW IS RESERVED FOR DESC USE. OFFERORS PLEASE DO NOT WRITE BELOW THIS LINE.

100% 1.00 COAL PRICE: $______._____ MINE DATA (INDICATE)

( ) ARMY PETROLEUM CENTER (APC)

MOIST% -0._______ TRANSP PRICE: $______._____ TIPPLE REPORT

X DRY, BTU __________ DS/FC (OR N/A) $______._____ ( ) APC DELIVERED SAMPLES

= ARBTU ____________ TOTAL DLVD. PRICE $______._____

(rounded)

MOISTURE: __________

X 2,000 X 100 VOLATILE MATTER, Dry: __________

ASH, DRY: __________

= (A) ______________________ = (B) _____________________________ SULFUR, DRY: __________

BTU, DRY: __________

(A) ÷ (B) AST, DEGREES F: __________

= ______________________________ FSI: __________

ARBTU PER 1¢ DELIVERED. HARDGROVE GRIND: __________

( ) RESPONSIVE

___________________________________ ( ) NONRESPONSIVE

Calculated By (Signature) LB/SB _____HUBZONE _____

Verified By (Signature) DESC 6.37-OT (Offer Truck) OCT 2007 7

SECTION B LINE ITEM NO.:0002

SCHEDULE OF SUPPLIES (This is alternate of Line Item: N/A)

100% SET-ASIDE FOR SMALL BUSINESS (RAIL)

REQUISITION/DATE: SP0600-09-0600/Aug. 24, 09

INSTALLATION: Marine Corp Base (MCB), Camp Lejeune, NC

RAILHEAD AND SERVING RAILROAD, if applicable: Camp Lejeune, NC Spur/Norfolk Southern/Seaboard Railcars

TRANSPORTATION EQUIPMENT FOR THIS ITEM: Hopper Bottom Railcars

OFFERED PRICES SHALL BE PER NET TON: FOB Railcars at Destination. Maximum 20 railcars per shipment. Hours of operation for receiving coal are 0800 – 1630, no weekend deliveries (Sat-Sun) or Federal holidays, 3-day allowance for unloading is required.

COAL SIZE: 1 ½” X ¼”

% MAX: 8.0

MIN: 12,800

% MAX: 38.0

MIN: 28.0

% MAX: 1.3

MAX: 70 MIN: 50

1 ½” R.H. Screen 5%

¼” R.H. Screen 15%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 36,000 (definite quantity)

ADDITIONAL QUANTITY RESERVED (IF APPLICABLE) NET TONS: N/A

ESTIMATED MONTHLY QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS):

YEAR: 2010

JAN: FEB: MAR: APR: MAY: 2,000 JUN: 2,000

JUL: 2,000 AUG: 2,000 SEPT: 3,000 OCT: 3,000 NOV: 3,000 DEC: 4,000

YEAR: 2011

JAN: 4,000 FEB: 4,000 MAR: 4,000 APR: 3,000 MAY: JUN:

JUL: AUG: SEPT: OCT: NOV: DEC:

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 36,000

Except as provided if Clause I209.13. OPTION TO INCREASE QUANTITY is invoked.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2011 (Except as provided if Clause I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 5,000 per month.

NOTE: See Clause I86 ORDER LIMITATIONS (OCT 1995)

I211 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 1, 2010 through April 30, 2011.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule. (FAR 52.216-18)

DESC Form 6.37-SR (Schedule RAIL) OCT 2007

SECTION B –OFFER SHEET SP0600-09-R-0415

FOB RAILCARS AT DESTINATION LINE ITEM NO: 0002 – Camp Lejeune, NC (This is alternate of Line Item: __________

USE A SEPARATE SECTION B – SCHEDULE – OFFER SHEET FOR EACH MINE OFFERED.

OFFEROR'S NAME: OFFERS: (total net tons offered)

AT $_______________PER NET TON FOB RAILCARS DELIVERED AT DESTINATION.

Offeror agrees to Clause I209.09, EXTENSION PROVISION: YES: _____ NO: _____

COAL PRICE ONLY, per NT: $_______________ TRANSPORTATION PRICE ONLY, per NT: $____________

FREEZE CONDITIONING (FC) /DUST SUPPRESSION (DS) PRICE per NT, if required by line item: $__________

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

COAL SIZE: _______________

MIN: __________

MAX: ______ MIN: ______

SHIPPING POINT/RR

100% 1.00 COAL PRICE: $______._____ MINE DATA (INDICATE)

( ) ARMY PETROLEUM CENTER (APC)

MOIST% -0._______ TRANSP PRICE: $______._____ TIPPLE REPORT

X DRY, BTU __________ DS/FC (OR N/A) $______._____ ( ) APC DELIVERED SAMPLES

= ARBTU ____________ TOTAL DLVD. PRICE $______._____

(rounded)

MOISTURE: __________

X 2,000 X 100 VOLATILE MATTER, Dry: __________

ASH, DRY: __________

= (A) ______________________ = (B) _____________________________ SULFUR, DRY: __________

BTU, DRY: __________

(A) ÷ (B) AST, DEGREES F: __________

= ______________________________ FSI: __________

ARBTU PER 1¢ DELIVERED. HARDGROVE GRIND: __________

( ) RESPONSIVE

___________________________________ ( ) NONRESPONSIVE

Calculated By (Signature) LB/SB _____HUBZONE _____ Verified By (Signature) DESC 6.37-OR (Offer RAIL) OCT 2007

SECTION B LINE ITEM NO.: 0003

SCHEDULE OF SUPPLIES (This is alternate of Line Item: N/A)

100% SET-ASIDE FOR SMALL BUSINESS (RAIL)

REQUISITION/DATE: SP0600-09-0600/Aug. 24, 09

INSTALLATION: Marine Corp Air Station (MCAS), Cherry Point, NC

RAILHEAD AND SERVING RAILROAD, if applicable: MCAS, Cherry Point, NC/Norfolk-Southern Railroad

TRANSPORTATION EQUIPMENT FOR THIS ITEM: Maximum 100 Ton Hopper Bottom railcars only

OFFERED PRICES SHALL BE PER NET TON: FOB Railcars at destination. Maximum daily delivery is five (5) 100-ton cars or seven (7) 70-ton cars per day. Unloading Monday through Thursday 0700 – 1530 (No deliveries on Fri, Sat, Sun or federal government holidays).

COAL SIZE: 1 ½”X ½”

% MAX: 4.5

MIN: 13,000

MIN: 32.0

MIN: 2700

% MAX: 1.1

1 ½” R.H. Screen 5%

½” R.H. Screen 10%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 26,600 (Minimum ordered will be 85%, or 22,610 NTS, of the total requirement)

ADDITIONAL QUANTITY RESERVED (IF APPLICABLE) NET TONS: N/A

ESTIMATED MONTHLY QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS):

YEAR: 2010

JAN: FEB: MAR: APR: MAY: 1,400 JUN: 1,400

JUL: 1,400 AUG: 1,400 SEPT: 1,400 OCT: 1,500 NOV: 2,400 DEC: 3,400

YEAR: 2011

JAN: 3,800 FEB: 3,100 MAR: 3,400 APR: 2,000 MAY: JUN:

JUL: AUG: SEPT: OCT: NOV: DEC:

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 26,600

Except as provided if Clause I209.13. OPTION TO INCREASE QUANTITY is invoked.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2011 (Except as provided if Clause I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 4,800 per month.

NOTE: See Clause I86 ORDER LIMITATIONS (OCT 1995)

I211 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 1, 2010 through April 30, 2011.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule. (FAR 52.216-18)

SECTION B –OFFER SHEET SP0600-09-R-0415

FOB RAILCARS AT DESTINATION LINE ITEM NO.0003 – Cherry Point, NC (This is alternate of Line Item: N/A)

USE A SEPARATE SECTION B – SCHEDULE – OFFER SHEET FOR EACH MINE OFFERED.

OFFEROR'S NAME: OFFERS: (total net tons offered)

AT $_______________PER NET TON FOB RAILCARS DELIVERED AT DESTINATION.

Offeror agrees to Clause I209.09, EXTENSION PROVISION: YES: _____ NO: _____

COAL PRICE ONLY, per NT: $_______________ TRANSPORTATION PRICE ONLY, per NT: $____________

FREEZE CONDITIONING (FC) /DUST SUPPRESSION (DS) PRICE per NT, if required by line item: $__________

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

MIN:_______

100% 1.00 COAL PRICE: $______._____ MINE DATA (INDICATE)

( ) ARMY PETROLEUM CENTER (APC)

MOIST% -0._______ TRANSP PRICE: $______._____ TIPPLE REPORT

X DRY, BTU __________ DS/FC (OR N/A) $______._____ ( ) APC DELIVERED SAMPLES

= ARBTU ____________ TOTAL DLVD. PRICE $______._____

(rounded)

MOISTURE: __________

X 2,000 X 100 VOLATILE MATTER, Dry: __________

ASH, DRY: __________

= (A) ______________________ = (B) _____________________________ SULFUR, DRY: __________

BTU, DRY: __________

(A) ÷ (B) AST, DEGREES F: __________

= ______________________________ FSI: __________

ARBTU PER 1¢ DELIVERED. HARDGROVE GRIND: __________

( ) RESPONSIVE

___________________________________ ( ) NONRESPONSIVE

Calculated By (Signature) LB/SB _____HUBZONE _____ Verified By (Signature) DESC 6.37-OR (Offer RAIL) OCT 2007

SECTION B LINE ITEM NO.: 0004

SCHEDULE OF SUPPLIES (This is alternate of Line Item: N/A)

UNRESTRICTED (TRUCK)

REQUISITION/DATE: SP0600-09-0600/Aug. 24, 09 INSTALLATION: 88 ABW/CETM, Wright-Patterson AFB (WPAFB), OH RAILHEAD AND SERVING RAILROAD, if applicable: N/A TRANSPORTATION EQUIPMENT FOR THIS ITEM: Truck

OFFERED PRICES SHALL BE PER NET TON: Delivered to destination and unloaded as directed. All trucks must be sealed and tarped.

Coal must have an unbroken seal on the tailgate with a number that matches the seal number on the truck weigh bill. The seal must be attached to the tailgate in a way that the seal must break in order to dispense coal from the truck. If the seal number does not match the truck weigh bill, the coal will automatically be rejected. Acceptable hours of delivery, Monday through Friday, 7:30 a.m.

to 12:00 noon and 1:00 p.m. to 3:00 p.m., no coal will be accepted on weekends or holidays. Offerors are urged to ascertain methods and locations of unloading by contacting the official at the using activity at (937) 257-7360. Deliver to Area B, Bldg. 770, Green County, OH, and Kittyhawk Center, Bldg. 1240, Fairburn, OH. One copy of DD250 and analytical report must accompany first daily truck delivery or be faxed (Plant 20770, 937-255-0772 or Plant 31240, 937-257-5215) so as to arrive before the first truck reaches either of these destinations. One copy of the DD250 and analytical report faxed to (937) 656-4449. *The fouling factor (a measure of alkali (basic) and acidic metal salts) and base/acid ratio must be tested in accordance with ASTM D3682 or D4326. A commercial test report must accompany the initial offer showing the proposed mine’s ability to meet the above factor and ratio as well as mercury and chlorine. If the proposed source is a blend of more than one mine, then retests may be required periodically through the life of the contract at the Government’s request.

COAL SIZE: 1 ¼” X ¼”

% MAX: 5.0

MIN: 14,000

Base/Acid Ratio

MAX: < 0 .24%*

MIN: 35.0

MIN: 2700

(H=1/2W)(Reducing Method)

Fouling Factor

MAX: < 0.20%*

% MAX: 7.0

MIN: 5.0

Mercury (Hg), dry

MAX: 0.065 ppm

% MAX: 1.3

Chlorine, wt %, dry

MAX: 0.25%

1 ¼” R.H. Screen 8%

¼” R.H. Screen 12%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 59,200 (Minimum ordered will be 85%, or 50,320 NTS, of the total requirement)

ADDITIONAL QUANTITY RESERVED (IF APPLICABLE) NET TONS: N/A

ESTIMATED MONTHLY QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS):

YEAR: 2010

JAN: FEB: MAR: APR: MAY: JUN:

JUL: AUG: 6,000 SEPT: 6,000 OCT: 6,500 NOV: 7,200 DEC: 9,000

YEAR: 2011

JAN: 9,000 FEB: 9,000 MAR: 5,000 APR: 1,500 MAY: JUN:

JUL: AUG: SEPT: OCT: NOV: DEC:

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 59,200

Except as provided if Clause I209.13. OPTION TO INCREASE QUANTITY is invoked.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2011 (Except as provided if Clause I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 10,000 per month.

NOTE: See Clause I86 ORDER LIMITATIONS (OCT 1995)

I211 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 1, 2010 through April 30, 2011.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule. (FAR 52.216-18) DESC Form 6.37-ST (Schedule-Truck), OCT 2007 12

UNRESTRICTED

FOB TRUCK AT DESTINATION LINE ITEM NO.: 0004-WPAFB, OH

(This is alternate of Line Item: N/A)

USE A SEPARATE SECTION B – SCHEDULE – OFFER SHEET FOR EACH MINE OFFERED.

OFFEROR'S NAME: OFFERS: (total net tons offered)

AT $____________ PER NET TON FOB TRUCK DELIVERED TO DESTINATION.

Offeror agrees to Clause I209.09, EXTENSION PROVISION: YES: _____ NO: _____

COAL PRICE ONLY, per NT: $_______________ TRANSPORTATION PRICE ONLY, per NT: $____________

FREEZE CONDITIONING (FC) /DUST SUPPRESSION (DS) PRICE per NT, if required by line item: $__________

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

% MAX: ______

Base/Acid Ratio

MAX: _________

MIN: ______

MIN: ________

Fouling Factor

MIN: ______

Mercury (Hg), dry

Chlorine, wt %, dry

MAX: ________

100% 1.00 COAL PRICE: $______._____ MINE DATA (INDICATE)

( ) ARMY PETROLEUM CENTER (APC)

MOIST% -0._______ TRANSP PRICE: $______._____ TIPPLE REPORT

X DRY, BTU __________ DS/FC (OR N/A) $______._____ ( ) APC DELIVERED SAMPLES

= ARBTU ____________ TOTAL DLVD. PRICE $______._____

(rounded)

MOISTURE: __________

X 2,000 X 100 VOLATILE MATTER, Dry: __________

ASH, DRY: __________

= (A) ______________________ = (B) _____________________________ SULFUR, DRY: __________

BTU, DRY: __________

(A) ÷ (B) AST, DEGREES F: __________

= ______________________________ FSI: __________

ARBTU PER 1¢ DELIVERED. HARDGROVE GRIND: __________

( ) RESPONSIVE

___________________________________ ( ) NONRESPONSIVE

Calculated By (Signature) LB/SB _____HUBZONE _____

DESC 6.37-OT (Offer Truck) OCT 2007 13

SECTION B LINE ITEM NO.: 0005

SCHEDULE OF SUPPLIES (This is alternate of Line Item: N/A)

UNRESTRICTED (TRUCK)

REQUISITION/DATE: SP0600-09-0600/Aug. 24, 09

INSTALLATION: Joint Systems Manufacturing Center (JSMC), Lima, OH

RAILHEAD AND SERVING RAILROAD, if applicable: N/A

TRANSPORTATION EQUIPMENT FOR THIS ITEM: Truck

OFFERED PRICES SHALL BE PER NET TON: Delivered to destination and unloaded as directed. All trucks must be tarped. Offerors are urged to ascertain methods and locations of unloading by contacting the official at the using activity at (419) 221-9524. Deliveries are not to exceed 10 trucks per day (minimum 3 trucks on delivery days) or 30 trucks per week. Trucks are to arrive at normal duty hours 7:00 a.m. – 2:00 p.m. No deliveries on Saturdays, Sundays, or holidays. Trucks must untarp to unload. Trucks must use certified weight scales prior to delivery.

COAL SIZE: 1 ¼" X ¼" Non-Oil Based Freeze Conditioning is required December through March for an estimated 2,000 tons

% MAX: 6.0

MIN: 13,500

MIN: 30.0

MIN: 2500

MIN: 6.0

MAX: 6.0

% MAX: 0.8

1 ¼" R.H. Screen 5.0%

¼" R.H. Screen 10.0%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 12,000 (definite quantity)

ADDITIONAL QUANTITY RESERVED (IF APPLICABLE) NET TONS: N/A

ESTIMATED MONTHLY QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS):

YEAR: 2010

JAN: FEB: MAR: APR: MAY: JUN:

JUL: AUG: 2,000 SEPT: 2,000 OCT: 3,000 NOV: 3,000 DEC:

YEAR: 2011

JAN: FEB: MAR: 2,000 APR: MAY: JUN:

JUL: AUG: SEPT: OCT: NOV: DEC:

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 12,000

Except as provided if Clause I209.13. OPTION TO INCREASE QUANTITY is invoked.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2011 (Except as provided if Clause I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 4,000 per month.

NOTE: See Clause I86 ORDER LIMITATIONS (OCT 1995)

I211 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 1, 2010 through April 30, 2011.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule. (FAR 52.216-18) DESC Form 6.37-ST (Schedule-Truck), OCT 2007

SECTION B –OFFER SHEET SP0600-09-R-0415

FOB TRUCK AT DESTINATION LINE ITEM NO.: 0005 – JSMC Lima, OH (This is alternate of Line Item: N/A)

USE A SEPARATE SECTION B – SCHEDULE – OFFER SHEET FOR EACH MINE OFFERED.

OFFEROR'S NAME: OFFERS: (total net tons offered)

AT $____________ PER NET TON FOB TRUCK DELIVERED TO DESTINATION.

Offeror agrees to Clause I209.09, EXTENSION PROVISION: YES: _____ NO: _____

COAL PRICE ONLY, per NT: $_______________ TRANSPORTATION PRICE ONLY, per NT: $____________

FREEZE CONDITIONING (FC) /DUST SUPPRESSION (DS) PRICE per NT, if required by line item: $__________

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

MIN: _________

100% 1.00 COAL PRICE: $______._____ MINE DATA (INDICATE)

( ) ARMY PETROLEUM CENTER (APC)

MOIST% -0._______ TRANSP PRICE: $______._____ TIPPLE REPORT

X DRY, BTU __________ DS/FC (OR N/A) $______._____ ( ) APC DELIVERED SAMPLES

= ARBTU ____________ TOTAL DLVD. PRICE $______._____

(rounded)

MOISTURE: __________

X 2,000 X 100 VOLATILE MATTER, Dry: __________

ASH, DRY: __________

= (A) ______________________ = (B) _____________________________ SULFUR, DRY: __________

BTU, DRY: __________

(A) ÷ (B) AST, DEGREES F: __________

= ______________________________ FSI: __________

ARBTU PER 1¢ DELIVERED. HARDGROVE GRIND: __________

( ) RESPONSIVE

___________________________________ ( ) NONRESPONSIVE

Calculated By (Signature) LB/SB _____HUBZONE _____

DESC 6.37-OT (Offer Truck) OCT 2007 15

SECTION B LINE ITEM NO.:0006

SCHEDULE OF SUPPLIES (This is alternate of Line Item: N/A)

UNRESTRICTED (TRUCK)

REQUISITION/DATE: SP0600-09-0600/Aug. 24, 09

INSTALLATION: Rock Island Arsenal, Rock Island, IL

RAILHEAD AND SERVING RAILROAD, if applicable: N/A

TRANSPORTATION EQUIPMENT FOR THIS ITEM: Truck (Preferred method of shipment is by barge and truck). Barge deliveries shall be unloaded at a local terminal and delivered by truck to the installation as requested. Coal is to be delivered to terminal during months specified. If the use of multiple conveyances is proposed, offeror must provide details of coal movement including shipping and sampling procedures.

OFFERED PRICES SHALL BE PER NET TON: FOB Destination, delivered and unloaded as directed. Truck deliveries restricted to Monday through Friday from 8 a.m. through 2:00 p.m. * Two FSI qualities of coal shall be provided. The first shall be 4.0 FSI coal and the second shall be 4.5 FSI coal. Coal shall be delivered without mixing the two FSI qualities. All barges and delivery trucks shall be properly identified as to which FSI coal is being delivered to assure that the Arsenal can maintain two coal piles, one for 4.0 FSI and the second for 4.5 FSI. Delivery shall be 62 percent of the coal as 4.5 FSI coal (est. 11 barges) and 38 percent of the coal as 4.0 FSI coal (est. 6 barges). Coal shall provide test results for mercury and chlorine.

COAL SIZE: 1 ½” x ½” Washed

% MAX: 15.0

MIN: 2500

F.S.I. MAX: 4.5 62% / 4.0 38%

*See note above

% MAX: 1.5

MAX: 55 MIN: 40

1 ½” R.H. Screen 5.0%

½” R.H. Screen 10.0%

TOTAL ESTIMATED REQUIREMENT (NET TONS): 26,000(requirements type are not subject to any minimum quantity ordered)

ADDITIONAL QUANTITY RESERVED (IF APPLICABLE) NET TONS: N/A

ESTIMATED MONTHLY QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS):

YEAR: 2010

JAN: FEB: MAR: APR: MAY: JUN: 5,000

JUL: 5,000 AUG: 5,000 SEPT: OCT: NOV: DEC:

YEAR: 2011

JAN: FEB: MAR: 5,500 APR: 5,500 MAY: JUN:

JUL: AUG: SEPT: OCT: NOV: DEC:

MAXIMUM QUANTITY CONTRACTOR SHALL BE OBLIGATED TO FURNISH (NET TONS): 26,000

Except as provided if Clause I209.13. OPTION TO INCREASE QUANTITY is invoked.

CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS ITEM AFTER: May 31, 2011 (Except as provided if Clause I209.09, EXTENSION PROVISIONS is invoked).

MAXIMUM ORDER THIS ITEM (NET TONS): 6,500 per month.

NOTE: See Clause I86 ORDER LIMITATIONS (OCT 1995)

I211 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 1, 2010 through April 30, 2011.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule. (FAR 52.216-18) DESC Form 6.37-ST (Schedule-Truck), OCT 2007 16

SECTION B –OFFER SHEET SP0600-09-R-0415

FOB TRUCK AT DESTINATION LINE ITEM NO.: 0006, Rock Island Arsenal, IL (This is alternate of Line Item: N/A)

USE A SEPARATE SECTION B – SCHEDULE – OFFER SHEET FOR EACH MINE OFFERED.

OFFEROR'S NAME: OFFERS: (total net tons offered)

AT $____________ PER NET TON FOB TRUCK DELIVERED TO DESTINATION.

Offeror agrees to Clause I209.09, EXTENSION PROVISION: YES: _____ NO: _____

COAL PRICE ONLY, per NT: $_______________ TRANSPORTATION PRICE ONLY, per NT: $____________

FREEZE CONDITIONING (FC) /DUST SUPPRESSION (DS) PRICE per NT, if required by line item: $__________

OFFEROR GUARANTEES THE FOLLOWING SPECIFICATIONS FOR THIS LINE ITEM:

MAX: ______ MIN:______

100% 1.00 COAL PRICE: $______._____ MINE DATA (INDICATE)

( ) ARMY PETROLEUM CENTER (APC)

MOIST% -0._______ TRANSP PRICE: $______._____ TIPPLE REPORT

X DRY, BTU __________ DS/FC (OR N/A) $______._____ ( ) APC DELIVERED SAMPLES

= ARBTU ____________ TOTAL DLVD. PRICE $______._____

(rounded)

MOISTURE: __________

X 2,000 X 100 VOLATILE MATTER, Dry: __________

ASH, DRY: __________

= (A)…